Gauhati High Court

WP(C)/5761/2026 of SRI MRIDUL DUARI Vs THE STATE OF ASSAM AND 4 ORS on 14 October 2026

GAHC010232432026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5761/2026 SRI MRIDUL DUARI S/O LATE RATNESWAR DUARI, R/O HOUSE NO. 12, BISNURAVA PATH, BYE LANE NO.3, BELTOLA, GUWAHATI DIST. KAMRUP (M). VERSUS THE STATE OF ASSAM

GAHC010232432026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5761/2026

SRI MRIDUL DUARI

S/O LATE RATNESWAR DUARI, R/O HOUSE NO. 12, BISNURAVA PATH, BYE

LANE NO.3, BELTOLA, GUWAHATI DIST. KAMRUP (M).

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM, IRRIGATION DEPARTMENT, GUWAHATI-06, DIST. KAMRUP (M), ASSAM.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM

IRRIGATION DEPARTMENT

GUWAHATI-06

DIST. KAMRUP (M)

ASSAM.

3:THE UNDER SECRETARY TO THE GOVERNMENT OF ASSAM

IRRIGATION DEPARTMENT

CONFIDENTIAL BRANCH

DISPUR

GUWAHATI-06

DIST. KAMRUP (M)

ASSAM.

4:CHIEF ENGINEER

IRRIGATION

ASSAM

CHANDMARI

GUWAHATI-03

DIST. KAMRUP (M).

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5:EXECUTIVE ENGINEER

BOKO CHAYGAON SAMARIA DIVISION (IRRIGATION)

BOKO

DIST. KAMRUP (R)

Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,R DEB

Advocate for the Respondent : SC, IRRIGATION, BEFORE

HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

15.10.2026

Heard Shri S. Borthakur, learned counsel for the petitioner. Also heard Shri R.M. Das, learned Standing Counsel, Irrigation Department. The challenge in this petition pertains to a departmental proceeding. It is contended that the petitioner was not afforded any defence assistant in the enquiry and there were gross procedural lapses in the enquiry. This Court has however noticed that the stage of the proceeding is affording the petitioner to submit his response to the enquiry report by means of a second show cause notice. This Court is of the opinion that the points raised in this petition can very well be urged in the response that may be filed by the petitioner to the second show cause notice and if done, the same is liable to be considered in accordance with law by the authorities. This Court is of the view that the writ petition is premature. Accordingly, the same is dismissed. It is needless to state that in case of any grievance with regard to the final orders that may be passed, the petitioner would be at liberty to approach the appropriate forum. JUDGE Comparing Assistant

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